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Ex might move - Can distance = material change?

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  • Ex might move - Can distance = material change?

    Hello All,

    Long story short, I had week about access for 3 years and after trial went to 2 out of 3 weekends and every wed night. This access has been going on for a year.

    Both kids, D12 and S13, would like to move to a 2-2-5 arrangement. The reason is they don't like having only wed night, till 8pm.

    There is very little, to no communication with the ex. She gets the kids to either call or text me, when she wants something. Lately, there are rumors (from D12 and ex's friends) that my ex is planning to move. We do have a mobility clause of 30 km from city center. She told D12 to keep her plans secret.

    I would not put it past her to move secretly and then put forth a motion to change to further restrict my time with kids. The one reason is that she is going to move to help her sister start up her 'foot nursing' company or something like that.

    As well for the last month and a half, she has interfered with every Wed pickup. From moving the location, changing the time, taking kids on 'trips'.

    Could she be building up evidence? How should I prepare myself? Should I request a change to 2-2-5 which she will probably reject?

    Any advice on what to do to gain more time and not less time with my children?

  • #2
    Napoleon is purported to have said:


    Never interfere with an enemy while he is in the process of destroying himself
    Now, Napoleon probably said no such thing, but I think the point is valid nonetheless. If your ex is dumb enough to move without telling you, then let her do so and use it against her. Document all her parenting time interference for the Wednesday nights.


    I see no problem in asking for 2255 in writing now, you can find out what her objections are and see if they can be addressed.

    Then, when the time comes to ask for the 2255 schedule, you have good reasons. She interferes with access, and she moves without even telling you. Clearly she is not committed to encouraging your time with the kids.

    To prep: Get a lawyer lined up. Serve her the day after you "find out" that she has moved.

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    • #3
      Originally posted by Janus View Post

      I see no problem in asking for 2255 in writing now, you can find out what her objections are and see if they can be addressed.
      Should I have it sent via registered mail, to have a record? Or just an email / letter would do?

      Should I use the proper motion forms?

      To prep: Get a lawyer lined up. Serve her the day after you "find out" that she has moved.
      I have a lawyer on file already. She still has her LOA lawyer on file but I doubt she will get much help as she thru him under the bus (x2) during the trial.

      With the motion for support, she moved overnight and served me the same day. That would be my worry.

      Does anyone know if she would still qualify to receive legal aid? She did receive it for 7 days of trial, but we settled out of court.
      Last edited by Asphenaz; 02-01-2019, 04:20 PM.

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      • #4
        Should I have it sent via registered mail, to have a record? Or just an email / letter would do?
        Sending things by e-mail gives you a record.

        Comment

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